If any provision or portion thereof shall be unenforceable or invalid under any applicable law, then this Agreement shall not be rendered unenforceable or invalid as a whole, and such provision or portion thereof shall be changed to the minimum extent possible and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision or portion thereof within the limits of applicable law. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, assigns and legal representatives. This Agreement is the entire agreement between the parties with respect to the Software, and supersedes any purchase order, communication, advertisement, or representation concerning the Software.
Some jurisdictions do not allow the exclusion or limitation of direct or indirect damages, so the above exclusion may not apply to you. Exclusion of Indirect Damages IN NO EVENT SHALL EPSON BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPCT TO ANY SUBJECT MATTER OR THIS AGREEMENT WHETER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABLITY, BREACH OF WARRANTY, OF MISREPRESENTATION FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR ANY MATTER BEYOND EPSON'S REASONABLE CONTROL. Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
FURTHER, EPSON DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS (A) THAT THE SOFTWARE WILL BE FREE FROM BUGS OR ERRORS, OR (B) THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, OR (C) THE SOFTWARE'S PERFORMANCE OR RESULTS, OR (D) THAT ANY DOCUMENTATION IS CORRECT, ACCURATE OR RELIABLE. THE SOFTWARE IS PROVIDED 'AS IS' AND WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFINGEMENT OF THE RIGHTS OF THIRD PARTIES (INCLUDING WITHOUT LIMITATION RIGHTS UNDER PATENT, COPYRIGHT AND TRADE SECRETS).
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